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NEOGOV Ifn
<br />operation of the Services Including any end user visit, session, impression, cllckthrough or click stream data,
<br />Eta well as log, device, transaction data, or other analysis, Information, or data based on or derived from any
<br />of the foregoing. NEOGOV shalt exclusively own all right, title and Interest in and to all Platform Data.
<br />NEOGOV grants to Customer a limited, non -perpetual, non-exclusive, non -transferable, and non-
<br />sublicensable license during the Term to use and access, and to permit Authorized Users to use and access,
<br />Platform Data of which NEOGOV makes available through the SaaS Applications solely for Customer's
<br />Internal purposes, Customer acknowledges NEOGOV may compile Platform based on Customer Data Input
<br />Into the Services. Customer agrees that NEOGOV may (1) make Platform Data publicly available In compliance
<br />with applicable law, and (II) use Platform Data to the extent and In the manner permitted under applicable law.
<br />b) Privacy Policy; Data Processing Agreement. NEOGOV shall process all data In accord with the NEOGOV
<br />Privacy Policy available at hltpsJ/www,neogov.comlprivacy-policy. The defined terms In the Privacy Policy
<br />shall have the same meaning in this Agreement unless otherwise specified herein. To the extent Customer
<br />uses the Services to target and collect personal Information form users located In the European Union,
<br />European Economic Area, or Switzerland (the "EU"), or has Authorized Users accessing the Services from
<br />the EU, the NEOGOV Data Processing Addendum ("DPA") available at https://www,neogov.com/servlco-
<br />speclflcations Is Incorporated heroin by reference,
<br />c) Data Responsibilities. Customer Is solely responsible for the development, content, operation, maintenance,
<br />and use of Customer Data. NEOGOV will have no responsibility or liability for the accuracy of the Customer
<br />Data prior to receipt of such data Into the Services. Customer shall be solely responsible for and shall comply
<br />with all applicable laws and regulations relating to (1) the accuracy and completeness of all Information input,
<br />submitted, or uploaded to the Services, (II) the privacy of users of the Services, including, without limitation,
<br />providing appropriate notices to and obtaining appropriate consents from any Individuals to whom Customer
<br />Data relates; and (ill) the collection, use, modification, alteration, extraction, retention, copyfng, external
<br />storage, disclosure, transfer, disposal, and other processing of any Customer Data, NEOGOV Is not
<br />responsible for lost data caused by the action or Inaction of Customer or Authorized,Users. Unless vital to
<br />provide the Services or otherwise mutually agreed In writing, Customer shall not maintain any financial, health,
<br />payment card, or similarly sensitive data that Imposes specific data security or date protection obligations
<br />within the Services.
<br />d) Breach Notice. In the event of a data or security breach, as defined by applicable law, by anyone other than
<br />your employee, contractor, or agent, upon discovery of such breach, NEOGOV will Initiate remedial actions
<br />and notify Customer of the breach as required by and in compliance with applicable law. NEOGOV's
<br />notification of, or response to, a data breach under this Section will not be construed as an acknowledgement
<br />by NEOGOV of any fault or liability with respect to the breach. In the event of a security breach, as defined by
<br />applicable law, by your Personnel, Authorized, or unauthorized user, contractor or agent, you shall have sole
<br />responsibility for Initiating remedial actions and you shall notify NEOGOV of the breach and steps you will take
<br />to remedy the breach as soon as possible, Customer is solely responsible for complying with date breach
<br />notification laws applicable to the Customer and fulfilling any third -party notification obligations related to any
<br />data breach(es).
<br />10. Subcontractors; Third Party Products. NEOGOV may from time to time in Its discretion engage third parties to
<br />perform Services (each, a 'Subcontractor"). "Third -Party Products" means any products, content, services,
<br />Information, websites, or other materials that are owned by third parties and are incorporated into or accessible
<br />through the Services. The Services may permit access to Third -Party Products. For purposes of this Services
<br />Agreement, such Third -Party Products are subject to their own terms and conditions presented to you for
<br />acceptance by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third -
<br />Party Products, then you should not Install, access, or use such Third -Party Products. NEOGOV cannot guarantee
<br />the continued availability of such Third -Party Products and may cease providing them without entitling Customer
<br />to any refund, credit, or other compensation, If for example and without limitation, the provider of a Third -Party
<br />Product ceases to make the thlyd-party application available for interoperation with the corresponding NEOGOV
<br />Service in a manner accaptablo to NEOGOV.
<br />11, Nondisclosure, Through exercise of each party's rights under this Agreement, each party may be exposed to the
<br />other party's technical, financial, business, marketing, planning, and other information and data in written, oral,
<br />electronic, magnetic, photographic, and/or other forms, including, but not limited to (a) oral and written
<br />communications of one party with the officers and staff of the other party which are marked or identified as
<br />confidential or secret or similarly marked or Identified, (b) other communications which a reasonable person would
<br />recognize from the surrounding facts and circumstances to be confidential or secret, and (c) trade secrets
<br />(collectively, "Confidenfiai Information'). In recognition of the other party's need to protect its legitimate business
<br />interests, each party hereby covenants and agrees that it shall regard and treat each Item of information or data
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